Whiplash injuries are one of the most prevalent injuries car accident victims face. The sudden deceleration and recoil can inflict serious (and painful) trauma to one’s musculoskeletal system, requiring them to seek treatment.
Some victims suffer long-term impairment and may need compensation as a result. This post will examine how much whiplash injury compensation you can claim, and how that amount is calculated.
Whiplash injuries in detail
Whiplash most often occurs in rear-end collisions—the second most common type of car collision. Whiplash is a neck injury due to forceful, rapid jerk, and back-and-forth movement of the neck, like the cracking of a whip. This can injure bones in the spine, disks between the bones, ligaments, muscles, nerves, and other tissues of the neck. Whiplash symptoms usually appear within days of the injury, and may include the following:
- Neck pain and stiffness
- Headaches, most often starting at the base of the skull
- Dizziness, fatigue
- Tenderness or pain in the shoulder, upper back, or arms
- Tingling or numbness in the arms
- Memory problems
- Loss of range of motion in the neck
- Blurred vision
- Ringing in the ears (tinnitus)
- Cognitive issues, such as irritability, difficulty concentrating, and depression
Treatment plans that include pain medication and exercise usually help whiplash patients recover within a few weeks. However, some people experience severe symptoms, such as chronic neck pain, a more limited range of motion, pain that spreads to the arms, and other long-term complications.
You can file for a whiplash injury compensation to claim the damages, including medical costs, pain and suffering of long-term complications, emotional stress, lost wages, potential lost income, and the cost of long-term rehabilitation.
The average amount of whiplash injury compensation depends on different factors: severity of the injuries, the costs incurred, the extent to which your life is affected, and how soon you can resume your normal life routine.Besides, the respective state laws also make a difference. With all this taken into consideration, the median settlement amount in the United States for a neck and back injury is somewhere between $100,000 and $500,000.
How to file a whiplash claim
Unfortunately, spine and neck-related injuries are expensive, difficult to treat, and may last for a long time. Therefore, ensure that you receive fair compensation for all your economic and non-economic damages. If you’re looking to file a claim for whiplash money, refer to the below process.
- See a doctor: Sometimes, neck and back injuries might not be immediately apparent. It may be painful, but you don’t know the cause or extent of the pain. Therefore, it’s imperative you see a medical professional. Besides, a physician’s diagnosis of whiplash is crucial to the success of your claim.
- Contact a lawyer: When it comes to whiplash cases, you may face severe challenges posed by the insurance company or the opposing attorney. Therefore, it’s advisable to seek the help of an expert auto accident lawyer.
- File the claim: Immediately file for a whiplash injury claim with the insurance company. Insurance companies may want to stall or avoid whiplash claims on procedural errors/delays, so make sure to get things in on time.
- Update your evidence: Be proactive in storing all the evidence pertaining to the accident and expenses. This may include the police accident report, copies of medical bills, doctor’s diagnosis, and other costs incurred in physical and rehabilitation care.
How an auto accident lawyer can help victims
If you’ve suffered a neck or back injury in an auto accident, you’re likely worried about the future. Your first step should be to contact your doctor and get a medical examination. Having received a diagnosis, it’s time to consider appropriate whiplash injury compensation.
Calculating and filing for the compensation you deserve is a complex and lengthy process. Plaintiffs with lawyers have been shown to be more likely to receive compensation. Here’s how expert legal representation can maximize your chances of success:
- Explain the whiplash injury law thoroughly
- Help you present your case
- Collate all the evidence: police report, medical documents, and witness statements
- Determine the correct compensation you deserve
- Negotiate with the insurance company on your behalf
- Ensure you receive the most amount of compensation
If you or a loved one have suffered a whiplash injury, you may be entitled to compensation. Having an attorney by your side could be beneficial in navigating the complex claims process and seeking the compensation you deserve.
If you’re looking for neck injury compensation or a whiplash back pain claim, contact LegalASAP today and get started with a free assessment of your case. Our team of experienced auto accident injury lawyers will help you succeed in all sorts of auto accident injury claims.